Record-Journal
10-05-2007, 12:15 AM
MERIDEN — The word “murder” has been closely associated with the name of Marine Staff Sgt. Frank D. Wuterich since news of an alleged massacre in Iraq surfaced in spring 2006, but an investigating officer recommended Thursday that he should not be tried for murder.
Lt. Col. Paul Ware, the Marine Corps investigating officer in the case who heard evidence and testimony about Wuterich last month, is instead recommending Wuterich face a court-martial on seven counts of negligent homicide, which carries a maximum penalty of three years in prison per count.
A murder conviction could mean life in prison.
Ware’s report draws a different conclusion about the Meriden native than the reports that prompted the military to charge Wuterich in December with the unpremeditated murder of 17 of the 24 Iraqis killed in the city of Haditha in November 2005.
“It’s fabulous,” said Neal A. Puckett, one of Wuterich’s civilian attorneys. “The investigating officer finds no evidence to support murder charges against Frank and no cause to send any of the Marines to court-marital for murder. It couldn’t have happened any better.”
Lt. Gen. James Mattis will decide whether to accept the recommendation or to take a harsher or more lenient path with Wuterich.
Mattis has been lenient, dismissing all charges against two Marines accused in the incident.
Puckett also was encouraged by the conclusion of Ware’s report, which favors Wuterich.
“ ‘Finally, although I believe the government will fail to prove beyond reasonable doubt that Staff Sgt. Wuterich committed any offense other than dereliction of duty,’ ” Puckett read from the report, “ ‘due to the serious nature of the charges I recommend referral to a general court martial.’ ”
Dereliction carries a maximum penalty of six months in prison.
“That means they found no intentional misconduct on his part,” David A. Fordiani, a Meriden lawyer and former Army judge advocate general, said, referring to Ware’s statement. “And probably that he was negligent in carrying out the rules of engagement.”
The lesser charge, and Ware’s words, should help the defense.
“The defense can say that he had to be there and lead the situation,” Fordiani said. “He’s probably got a great chance of not being convicted of anything.”
Ware’s remarks could be an attempt to signal his true feelings, Fordiani said, but still allow Mattis to decide that a charge such as dereliction is in order.
The Haditha case has received worldwide attention since allegations emerged that Wuterich had led his Marines on a killing spree after a roadside bomb hit their convoy, killing one of their men.
Wuterich was one of four enlisted Marines hit with murder charges, but they have not stood up under scrutiny.
Ware has recommended dismissing all murder charges. Mattis has dropped all charges against one man; another received immunity in exchange for his testimony; and Wuterich and Lance Cpl. Stephen Tatum await his decision.
One of four officers accused has been recommended for a court-martial for failing to investigate the incident. Two have been cleared of any wrongdoing and another faces a pretrial hearing.
Wuterich, who graduated from Platt High School in 1998, has family in the area.
His parents, David and Rosemarie Wuterich, who live on the west side, could not be reached for comment Thursday.
Bill Hesse, a Vietnam War-era Marine who was wounded in the Tet Offensive in 1968, welcomed the news, though with reservations.
“I still think they’re looking for a scapegoat,” said Hesse, a member of the city’s Marine Corps League and a donor to Wuterich’s legal defense fund.
“In the Marines’ training, they’re still pretty pointed on what you should do and not do. If he thought his life was in danger, then I fully support him firing back at anybody he thought was a danger to him.”
Hesse and Ronald R. Perry, a Marine who served in Vietnam, were concerned that Wuterich could receive a dishonorable discharge, one of several penalties that could be imposed if he is convicted.
A dishonorable discharge would ban Wuterich from voting, owning a gun and receiving veteran’s benefits.
“I’m very disappointed,” said Perry, who is secretary and treasurer of the Marine Corps League. “I really hoped and thought he was going to get off, but they’re going to do something to him. They’re not going to go through all this expense and not burn somebody.”
Puckett said he believes Mattis could issue a decision by the end of the month.
Mattis is set to assume a promotion and move to Norfolk, Va., in November to lead the U.S. Joint Forces Command, a post responsible for more than 1.1 million troops.
Lt. Col. Paul Ware, the Marine Corps investigating officer in the case who heard evidence and testimony about Wuterich last month, is instead recommending Wuterich face a court-martial on seven counts of negligent homicide, which carries a maximum penalty of three years in prison per count.
A murder conviction could mean life in prison.
Ware’s report draws a different conclusion about the Meriden native than the reports that prompted the military to charge Wuterich in December with the unpremeditated murder of 17 of the 24 Iraqis killed in the city of Haditha in November 2005.
“It’s fabulous,” said Neal A. Puckett, one of Wuterich’s civilian attorneys. “The investigating officer finds no evidence to support murder charges against Frank and no cause to send any of the Marines to court-marital for murder. It couldn’t have happened any better.”
Lt. Gen. James Mattis will decide whether to accept the recommendation or to take a harsher or more lenient path with Wuterich.
Mattis has been lenient, dismissing all charges against two Marines accused in the incident.
Puckett also was encouraged by the conclusion of Ware’s report, which favors Wuterich.
“ ‘Finally, although I believe the government will fail to prove beyond reasonable doubt that Staff Sgt. Wuterich committed any offense other than dereliction of duty,’ ” Puckett read from the report, “ ‘due to the serious nature of the charges I recommend referral to a general court martial.’ ”
Dereliction carries a maximum penalty of six months in prison.
“That means they found no intentional misconduct on his part,” David A. Fordiani, a Meriden lawyer and former Army judge advocate general, said, referring to Ware’s statement. “And probably that he was negligent in carrying out the rules of engagement.”
The lesser charge, and Ware’s words, should help the defense.
“The defense can say that he had to be there and lead the situation,” Fordiani said. “He’s probably got a great chance of not being convicted of anything.”
Ware’s remarks could be an attempt to signal his true feelings, Fordiani said, but still allow Mattis to decide that a charge such as dereliction is in order.
The Haditha case has received worldwide attention since allegations emerged that Wuterich had led his Marines on a killing spree after a roadside bomb hit their convoy, killing one of their men.
Wuterich was one of four enlisted Marines hit with murder charges, but they have not stood up under scrutiny.
Ware has recommended dismissing all murder charges. Mattis has dropped all charges against one man; another received immunity in exchange for his testimony; and Wuterich and Lance Cpl. Stephen Tatum await his decision.
One of four officers accused has been recommended for a court-martial for failing to investigate the incident. Two have been cleared of any wrongdoing and another faces a pretrial hearing.
Wuterich, who graduated from Platt High School in 1998, has family in the area.
His parents, David and Rosemarie Wuterich, who live on the west side, could not be reached for comment Thursday.
Bill Hesse, a Vietnam War-era Marine who was wounded in the Tet Offensive in 1968, welcomed the news, though with reservations.
“I still think they’re looking for a scapegoat,” said Hesse, a member of the city’s Marine Corps League and a donor to Wuterich’s legal defense fund.
“In the Marines’ training, they’re still pretty pointed on what you should do and not do. If he thought his life was in danger, then I fully support him firing back at anybody he thought was a danger to him.”
Hesse and Ronald R. Perry, a Marine who served in Vietnam, were concerned that Wuterich could receive a dishonorable discharge, one of several penalties that could be imposed if he is convicted.
A dishonorable discharge would ban Wuterich from voting, owning a gun and receiving veteran’s benefits.
“I’m very disappointed,” said Perry, who is secretary and treasurer of the Marine Corps League. “I really hoped and thought he was going to get off, but they’re going to do something to him. They’re not going to go through all this expense and not burn somebody.”
Puckett said he believes Mattis could issue a decision by the end of the month.
Mattis is set to assume a promotion and move to Norfolk, Va., in November to lead the U.S. Joint Forces Command, a post responsible for more than 1.1 million troops.